ACCUSED IS CRUSHEDITlBY VERDICT OF SECOND DEGREE MURDER GIVENJury Deliberates Three Hours—Carries ment Penalty—Counsel to File For New TrialLife Imprison-MotionA jury of five women anti seven . curred on second degree murder, men In the trial of C. W. ‘’Tacks-’ Laf-1 The crowd that, had packed its way lmer In Common Pleas Court hero' into the court room throughout the ! trial, listened to the verdict silently, prayed its way to a veruict of guilty : aod pa8Sf,d out of tho room orderlyEThe jury in first gi1 sue of 1 The 5 o’clot of the after m the ola On i of the ' voted, which about ( extra i ing Xe kccoun trial ti here.of second degree murder on the sev enth ballot Wodneaday afternoonafter hearing the decision. The case attracted widespread interest andThe verdict carries with it a penalty * drew crowds rally that *axed the ca-of life imprisonment in the Ohio pen pacity of the court room, itetttary subject to parole and pardon, j Latimer shot and instantly killed Admittedly disappointed by the ver- Charles E. Mackrodt, ex-lieutenant of i diet, counsel for the defense indicated ' Pennsylvania Railroad police, at MainThursday that a motion for a new trial and Detroit Streets on the morning ofwill be filed Friday.If the motion la denied, the court will pass sentence immediately. In that ease defense attorneys may carry the motion for a new trial to the court of appeals at its regular sittings here,November 26. The shooting followed an argument which culminated bad feeling between the n*n for several months. *After the shooting Latimer surrendered to Sheriff Morris Sharp andhut has not decided definitely what Deputy John Baughn. His statement move will be taken in case the motion s was taken th** same day and former is deoied. In case the motion is ap Prosecuting Attorney J Kenneth WI1-pealed, it will be taken before the damson obtained a first degree mur appellate court at the regular sitting dlt; r Indictment against hirh at a spe-here and- no stay of execution pend eial grand jury session,ing the outcome, will be sought. j prosecutor later resigned rather tLatimer, hopeful for acquittal and j try tj*. f.a*e 0n the date setbelieving the verdict would not be' December 26. and Judge R L. Howdy more serious than manslaughter, was ' namw] Harry C. Armstrong and E crushed after the jyry reported at 5 dhwroo Smith special counsel. The o’clock Wednesday afternoon. He jury was selected December 26 and heard the verdict in the court room i the hearing of evidence began Monday with his seven-year-old sdn, Dawson, morningsitting on his lap. He sat as if stun- ljatirner-a plPa was setf defense, and*l°r %TTUi aml thr- lifting he Introduced witnesses to show£ t^Vnuntv Jin PrCP l° rCtUrU Mackrodt not only threatened his life, to the County Jail. buj on lt;)np OCCHRjon attempted to kill. J'If U?»! eatec,a1Iiy hint. Both sides had rested on direct his wife and aged mother, were also , ftnd rr0Ba t.xaminHtlon and rebuttalUn f! ^ f rHnk McClel’ evidence Tuesday afternoon and counf **? • ' t'aiaXi set arguwa-Uw case Wednesday juord° *1 l*rJ’ 7 TWvWrm. His j, aftPr thM t.oUrf pad given the jurymother believed that the verdict was ! sneeial charge.tl|»t degree murder, and it took some , K„r«rp ntmp as soontime lo convince her it was not that1 The rS^^ ^heTfu rnoon a serious. Latimer, however soon re- ah c°urt resum d n .£ throupboiu. ^ I ^i-vineohut ^ -ch^ht h, ihr ve,elaim that he shot in self 1 diet was composed as folows. HankL. T. Marshall.!-........... counsel for the de- T Rar Reedftndant. said he was disappoint a, H^ner J^n.esiowu'he verdict. F I.. Johnson, also alto. . '°“1‘ T' !: *f“J n?,h Twn ^Ur«reiney for .the defendant, was also dir * vis . : \llrv F Tlav \i niaappointed. “This verdict is all a mis Limi«a. Xenla« Mari L- Ra* * t»ke,M he said. “I am did not fairly consider tin- evidence as presented in the trial.’’ Both attorneys and the family held a conference with the convicted man at the jailr«Mr»“thr \\\lZ Twp.; Joseph Shad**, Bath Twp.; C.th W. Squires. Sugarcreek Twp ; H. Eor the evidence1 M , -t-..... t.„. ,;n.Wednesday night, at which time it was agreed to Hie the motion for a new trial, Friday. If it, is denied. LatThomas, Caesarcreek Twp.: JessillaLackey. Xenia and Earl McClellan, j Beavercreek Twp.Latimer, a uative of Loveland, has lived in Xenia ten years during most of which time he has been em-BE1Ofimer will probably be taken to the I,loyed a» a PennsyBnnia Raihoad p°-penltentlary to begin his lerm while i Hcemau. He had an interesting big-attorneys continue the battle to obtain baseball career before comingfor him another trial.The jfcry which decided the case, deliberated three hours. Seven ballots were taken before all twelve concurred on the second degree verdict. On the first ballot, the Jury voted on first degree njuruer. Four jurors voted in favor of that verdict, while the eight other votes were divided. On the second ballot, taken on the verdict of second degree murder nine voted favorably, while one voted for manslaughter, one for acquittal and sne for first degree murder.fcln.1After serving an apprenticeship with bush league clubs, he played with Louisville in the old National league when that circuit had twelve clubs. When the league was cut to eight clubs .thd Louisville w*as dropped, the entire Louisville team was purchased by Barney Drey fuss of the Pittsburgh Nationals for 125,000, Latimer going with the team.As a big league catcher, he has handled the slants of Amos Rusie and Rube Waddell, famous pitchers, andOne Juror voted for acquittal and : later, as a scout, discovered several one for first degree murder through- diamond stars. He began his .railroad out. After six ballots had been taken ! job under Mackrodt and worked un without a change in the standing, the j der him until the latter uas demoted jury gathered together, anxious to re-1 from lieutenant to patrolman several turn a verdict, and prayed for guid- months ago and resigned rather than a nee. On the next ballot, all con- accept the demotion.Colui j condith predict men to secreta j elation Seer* ! nection dit ions social!* 10,000 t approxi asaocia a pros;“Bull I county crease Devine savings . t ute a i dltions 1 eluding